Cook v. Board of Supervisors

MEMORANDUM OPINION

DAVIDSON, District Judge.

Plaintiff corporation, Cook’s Ambulance Service, Inc. (“Cook”), is suing under 42 U.S.C. § 1983, alleging a constitutional deprivation of due process.1 Pursuant to Fed.R.Civ.P. 12(b)(1), defendants Lowndes County Board of Supervisors (“Board”), et alia move this court to dismiss the § 1983 complaint for lack of subject matter jurisdiction. Included with defendant Board’s motion is its answer asserting collateral estoppel, res judicata and failure to state a claim2 upon which relief can be granted as affirmative defenses. (Defs.’ Answer, p. 4 of…